Preserving digital heritage with and without heritage institutions – the impact of proposed copyright exemption in the Digital Single Market directive

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Authors

KOŠČÍK Michal

Year of publication 2018
Type Appeared in Conference without Proceedings
MU Faculty or unit

Faculty of Law

Citation
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Description A mandatory copyright exception for preservation purposes introduced in the DSM is drafted to meet the needs of traditional “brick and mortar” museums and libraries and to encourages them to digitise and make accessible material that was created in analogue form. We intend to explore the suitability of exemptions defined in the DSM to preserve digital content, i.e. content which was created to be consumed in the digital form only. We build on the premise, that preservation of a digital content that is being created now (i.e. potential heritage for the future) is as important as preserving masterpieces of last centuries. The network culture does not challenge only the concept of traditional media, it also challenges the concept of traditional CHI. Internet tools enabled individuals to become publishers/bloggers or broadcasters/Youtubers. Thanks to these tools, individuals can pursue activities that were previously reserved only to larger institutions and corporations. It is plausible to expect that individuals are now able to take over certain roles of CHIs. These private archives are capable of preserving content that is out of scope of traditional institutions. We explore the possibilities and restrictions for preserving certain forms of cultural heritage via more democratic and deinstitutionalized repositories such as fan sites, tribute sites or social networks. We analyse whether, and under what conditions, can an individual or group of individuals use a personal website or social network profile as a sui generis digital heritage repository, for example in the niche field of digital content. We also explore, under which conditions can the traditional CHIs collect and utilize the content generated and shared by “netizens”.
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